Neutral Citation No. - 2025:AHC:26190 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1017 of 2025 Applicant :- Mahesh Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Prateek Srivastava,Virendra Singh Parmar Counsel for Opposite Party :- Ajatshatru Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Virendra Singh Parmar, learned counsel for the applicant, Sri Ajatshatru Singh, learned counsel for the infomrant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.166 of 2024, under Sections 103(1) and 352 BNS, Police Station Muskara, District Hamirpur during pendency of the trial. 3. FIR of the present case was lodged on 17.7.2024 against the applicant and his brother and according to the FIR applicant and co-accused were the nephew of the father of the informant and on 17.7.2024 at about 2.30 PM in the afternoon when his father was on the field along with his elder brother then due to property dispute applicant and co-accused made assault upon him through wooden sticks and due to assault made by them he died. 4. Learned counsel for the applicant submits that only due to property dispute applicant, who is the cousin brother of the informant has been made accused in the present matter along with his real brother and actually he did not cause any injury to his uncle, i.e., deceased. 5. He further submits that as per prosecution applicant committed the murder of the deceased through wooden stick but his post mortem report suggests that he also sustained two incised wound and prosecution failed to explain these two incised wounds and this fact suggests that nobody could witness the incident and only due to previous enmity applicant along with his brother have been made accused in the present matter. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 19.7.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the first cousin of the informant and his 'tau' (elder brother of the father) was the eye witness and, therefore, there was no occasion for false implication of the applicant. 8. Learned AGA further submits that as per eye witness Bhairam Prajapati, applicant along with his brother badly beaten the deceased due to which he died. He further submits that however, as per the eye witness assault was made through wooden stick and post mortem report suggests that deceased also sustained two incised wounds but from page 72 of the paper book it reflects that from the place of incident one bloodstained sharp edged wooden stick was recovered and this fact suggests that actually accused persons used sharp edged wooden stick and, therefore, it cannot be said that witness Bhairam Prajapati was not the eye witness and considering this fact instant bail application should be dismissed. 9. I have heard learned counsel for the parties and perused the record of the case. 10. As per prosecution, applicant, who is real nephew of the deceased, along with his brother committed the murder of the deceased by badly beaten him through wooden sticks and the instant incident was witnesssed by Bhairam Prajapati the real elder brother of the deceased. 11. Further, however, post mortem report suggests that out of total eight injuries deceased also sustained two incised wounds but from page 72 of the paper book it reflects that Field Unit recovered one bloodstained sharp edged wooden stick from the spot and considering this fact it cannot be said that eye witness Bhairam Prajapati, the 'Tau of applicant' was not the eye witness. 12. Therefore, from the facts and circumstances of the case discussed above, I am not inclined to enlarge the applicant on bail at this stage. 13. Accordingly, the instant bail application is rejected at this stage. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad